Calhoon

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 Wayne S. Calhoon, No. 2:19-cev-02165-KJM-JDP Plaintiff, ORDER v. City of South Lake Tahoe Police Dep’t, et al., 1S Defendants. 16 In this civil rights action, plaintiff Wayne S. Calhoon seeks relief under 42 U.S.C. § 1983. The City of South Lake Tahoe and individual police officers (collectively “city defendants”)! move under Federal Rule of Civil Procedure 41(b), arguing the court should dismiss Calhoon’s 20 untimely filing of his fourth amended complaint. They also argue under Rule 12(b)(6) the court should dismiss Calhoon’s first §1983 claims against the City of South Lake Tahoe and all but one federal claim against all the individual officers, because the court expressly dismissed individual 23 police officers in its previous order. See generally Mot. Dismiss, ECF No. 67. The court denies 24 the motion under Rule 41(b), without reaching the Rule 12(b)(6) grounds. The court strikes 25 …